MADAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 04.02.2002, passed by the learned Addl. Sessions Judge, Patiala, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- under Section 326 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. The amount of fine, if paid, was ordered to be paid to injured Bachan Singh as compensation. However, other co-accused namely Dara Singh, Joginder Singh son of Puran Singh, Hans Raj and Joginder Singh son of Chet Singh were also convicted and sentenced but they were released on probation. Since co-accused Piara Singh and Kehar Singh died during trial and proceedings qua him were ordered to be dropped.

(2.) The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement of Jarnail Singh made to ASI Gurdial Singh, in which he mainly stated that on 02.03.1994, there was engagement ceremony of nephew of Jarnail Singh. At about 10.00 P.M., Satnam Singh asked Tobacco (jarda) from Dara Singh and thereafter they started quarreling. Meanwhile, Piara Singh, Madan, Joginder Singh son of chet Singh, Hansa Singh, Dara Singh, another Joginder Singh armed with spears and Kehar Singh armed with stick, who were present in front of the house of the complainant, and when complainant's father Bachan Singh had also arrived there, they all started beating them. Piara Singh gave spear blow on the forehead of Bachan Singh and Madan Singh also gave spear blow which hit on the right side of forehead of Bachan Singh. Then Joginder Singh caused spear injury on the left side of the forehead and Hansa Singh also gave spear blow to Bachan Singh on his left hand outer side. Dara Singh gave a spear blow to complainant which struck on the muscle of his left arm. Another Joginder Singh stuck a spear blow on right leg and Kehar Singh gave lathi blow on left hand of the complainant. Hansa Singh had pushed him (complainant), upon which he dashed against the wall and sustained injuries on his face. It was a moonlit night. Jarnail Singh raised alarm upon which Karnail Singh, Charan Singh and Kewal Singh reached the spot and accused ran away with their respective weapons.

(3.) Thereafter, injured were taken to the hospital where they were medico-legally examined. On the basis of this statement, ruqa was sent to the police station, on the basis of which, FIR was registered. After necessary investigation, challan was presented against the accused-appellant and other co-accused.